특정경제범죄가중처벌등에관한법률위반(사기)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. 1) In return for recovering AD bills issued in accordance with this copy, the Defendant against D Co., Ltd. (hereinafter “D”) (hereinafter “D”) and the name of all Co., Ltd. (hereinafter “Co., Ltd.”) received G bills from D, in return for the collection of the bills issued in accordance with this copy.
The defendant actually delivered AD bills to D after recovering them, and returned the amount of KRW 500 million out of G bills.
Therefore, the defendant did not have the intention of defraudation.
Nevertheless, the lower court erred by misapprehending the fact that it rendered a guilty verdict on this part of the facts charged, thereby adversely affecting the conclusion of the judgment.
2) The Defendant in the part related to H merely lent G-issued bills to H, and did not deliver a debt repayment clause to H, but did not deliver a steel plate to receive delivery.
In addition, H used the bill and received iron plates from AF, and divided part of them into the defendant.
Therefore, the defendant did not have the intention of defraudation.
Nevertheless, the lower court erred by misapprehending the fact that it rendered a guilty verdict on this part of the facts charged, thereby adversely affecting the conclusion of the judgment.
3) Although the Defendant endeavored to discount the N-issued bill, the Defendant failed to discount the bill because of low N’s credit rating.
Unlike the above, the court below erred by misunderstanding the fact that the defendant was guilty of this part of the facts charged that he did not intend to discount bills, which affected the conclusion of the judgment.
B. The sentence of the lower court (three years of imprisonment, four years of suspended execution) that was unjustly alleged in sentencing is too unreasonable.
2. Determination
A. 1) According to the evidence duly admitted and investigated by the lower court on the part of the victim D, the lower court’s judgment on the ground that “A. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud of D-related Bills)” is not more than 7 pages.